74R9405 CBH-F
By Naishtat, Hilderbran H.B. No. 1111
Substitute the following for H.B. No. 1111:
By Naishtat C.S.H.B. No. 1111
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of protective services to persons who are
1-3 elderly or disabled.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Chapter 48, Human Resources Code,
1-6 is amended to read as follows:
1-7 CHAPTER 48. PROTECTIVE SERVICES FOR <THE> ELDERLY
1-8 AND DISABLED PERSONS
1-9 SECTION 2. Section 48.001, Human Resources Code, is amended
1-10 to read as follows:
1-11 Sec. 48.001. PURPOSE. The purpose of this chapter is to
1-12 provide for the authority <right><or mental anguish or the wilful deprivation by a
2-7 caretaker or one's self of goods or services which are necessary to
2-8 avoid physical harm, mental anguish, or mental illness>.
2-9 (3) "Exploitation" means the illegal or improper act
2-10 or process of a caretaker, family member, or other individual who
2-11 has an ongoing relationship with the elderly or disabled person
2-12 using the resources of an elderly or disabled person for monetary
2-13 or personal benefit, profit, or gain without the informed consent
2-14 of the elderly or disabled person.
2-15 (4) "Neglect" means the failure to provide for one's
2-16 self the goods or services, including medical services, which are
2-17 necessary to avoid physical or emotional harm or pain<, mental
2-18 anguish, or mental illness> or the failure of a caretaker to
2-19 provide such goods or services.
2-20 (5) "Protective services" means the services furnished
2-21 by the department or by a protective services agency to an elderly
2-22 or disabled person who has been determined to be in a state of
2-23 abuse, exploitation, or neglect. These services may include social
2-24 casework, case management, and arranging for psychiatric and health
2-25 evaluation, home care, day care, <legal assistance,> social
2-26 services, health care, and other services consistent with this
2-27 chapter.
3-1 (6) "Protective services agency" means a public or
3-2 private agency, corporation, board, or organization that provides
3-3 protective services to elderly or disabled persons in the state of
3-4 abuse, exploitation, or neglect.
3-5 (7) "Department" means the Department of Protective
3-6 and Regulatory <Human> Services.
3-7 (8) "Disabled person" means a person with a mental,
3-8 physical, or developmental disability that substantially impairs
3-9 the person's ability to provide adequately for the person's care or
3-10 protection and who is:
3-11 (A) 18 years of age or older; or
3-12 (B) under 18 years of age and who has had the
3-13 disabilities of minority removed.
3-14 (9) "Legal holiday" means a state holiday listed in
3-15 Subchapter B, Chapter 662, Government Code <Article 4591, Revised
3-16 Statutes>, or an officially declared county holiday.
3-17 SECTION 4. Subchapter B, Chapter 48, Human Resources Code,
3-18 is amended by amending Section 48.021 and adding Section 48.0215 to
3-19 read as follows:
3-20 Sec. 48.021. PROVISION OF SERVICES. (a) The department may
3-21 provide direct protective services or contract with protective
3-22 services agencies for the provisions of those services.
3-23 (b) The department shall use existing resources and services
3-24 of public and private agencies in providing protective services.
3-25 (c) The department and <shall cooperate with the
3-26 appropriate> law enforcement officials, courts, and agencies shall
3-27 cooperate when providing protective services.
4-1 (d) The responsibilities set forth in this Act shall be
4-2 exclusive of those designated to other state or federal agencies
4-3 authorized or required by law to provide protective services to
4-4 elderly or disabled persons determined to be in the state of abuse,
4-5 exploitation, or neglect.
4-6 Sec. 48.0215. GUARDIANSHIPS. (a) <(e)> The department
4-7 shall file an application under Chapter XIII, <Section 110A or
4-8 131(b) of the> Texas Probate Code, to be appointed guardian of the
4-9 person and estate of an individual who is a minor, is a conservatee
4-10 of the department, and, because of a physical or mental condition,
4-11 will be substantially unable to provide food, clothing, or shelter
4-12 for himself or herself, to care for the individual's own physical
4-13 health, or to manage the individual's own financial affairs when
4-14 the individual becomes an adult.
4-15 (b) As a last resort, the department may apply to be
4-16 appointed guardian of the person or estate of an elderly or
4-17 disabled person who, because of a physical or mental condition,
4-18 will be substantially unable to provide food, clothing, or shelter
4-19 for himself or herself, to care for the individual's own physical
4-20 health, or to manage the individual's own financial affairs. A
4-21 representative of the department shall take the oath required by
4-22 the Texas Probate Code on behalf of the department if the
4-23 department is appointed guardian. If the department knows that an
4-24 individual is willing and able to serve as the guardian, the
4-25 department may inform the court of that individual's willingness
4-26 and ability.
4-27 (c) If appropriate, the department may contract with a
5-1 political subdivision of this state, a private agency, or another
5-2 state agency for the provision of guardianship services under this
5-3 section. The department or a political subdivision of the state or
5-4 state agency with which the department contracts under this section
5-5 is not required to post a bond or pay any cost or fee otherwise
5-6 required by the Texas Probate Code.
5-7 (d) If the department is appointed guardian, the department
5-8 is not liable for funding services provided to the department's
5-9 ward, including long-term care or burial expenses.
5-10 SECTION 5. The heading to Subchapter C, Chapter 48, Human
5-11 Resources Code, is amended to read as follows:
5-12 SUBCHAPTER C. DEPARTMENT INVESTIGATION OF REPORTS OF SUSPECTED
5-13 ABUSE, EXPLOITATION, OR NEGLECT
5-14 SECTION 6. Section 48.036(a), Human Resources Code, is
5-15 amended to read as follows:
5-16 (a) Except as prescribed by Section 48.082 <Subsection (c)
5-17 of this section>, a person having reasonable cause to believe that
5-18 an elderly or disabled person is in the state of abuse,
5-19 exploitation, or neglect shall report the information to the
5-20 department.
5-21 SECTION 7. Section 48.0361(a), Human Resources Code, is
5-22 amended to read as follows:
5-23 (a) A person commits an offense if the person has cause to
5-24 believe that an elderly or disabled person has been abused,
5-25 exploited, or neglected or is in the state of abuse, exploitation,
5-26 or neglect and knowingly fails to report in accordance with Section
5-27 48.036 or Subchapter E <of this code>. An offense under this
6-1 subsection is a Class B misdemeanor.
6-2 SECTION 8. Section 48.037, Human Resources Code, is amended
6-3 to read as follows:
6-4 Sec. 48.037. ACTION ON REPORT. (a) Not later than 24 hours
6-5 after the department receives <upon receipt of> a report of
6-6 suspected need for protective services under Section 48.036 or
6-7 48.081, the department <or state agency, as appropriate,> shall
6-8 initiate a prompt and thorough investigation as needed to evaluate
6-9 the accuracy of the report and to assess the need for protective
6-10 services <determine whether the elderly or disabled person is in
6-11 need of protective services>, unless the department <or state
6-12 agency, as appropriate,> determines that the report:
6-13 (1) is frivolous or patently without a factual basis;
6-14 or
6-15 (2) does not concern abuse, neglect, or exploitation,
6-16 as those terms are defined by Section 48.002.
6-17 (b) The department shall adopt rules for conducting
6-18 investigations under this chapter <Each state agency that
6-19 operates, licenses, certifies, or registers a facility in which
6-20 elderly or disabled persons are located shall adopt rules relating
6-21 to the investigation and resolution of reports received under
6-22 Section 48.036 of this code. The department shall review and
6-23 approve such rules to assure that all agencies implement
6-24 appropriate standards for the conduct of investigations and that
6-25 uniformity exists among agencies in the investigation and
6-26 resolution of reports>.
6-27 SECTION 9. Sections 48.038(a), (b), (d), (e), and (f), Human
7-1 Resources Code, are amended to read as follows:
7-2 (a) In an investigation the department or state agency, as
7-3 appropriate, shall determine:
7-4 (1) whether the person needs protective services from
7-5 the department;
7-6 (2) what services are needed;
7-7 (3) whether services are available from the
7-8 department, state agency, or in the community and how they can be
7-9 provided;
7-10 (4) whether the person would be capable of obtaining
7-11 services for himself and could bear the cost or would be eligible
7-12 for services from the department or state agency;
7-13 (5) whether a caretaker would be willing to provide
7-14 services or would agree to their provisions;
7-15 (6) whether the elderly or disabled person desires the
7-16 services; and
7-17 (7) other pertinent data.
7-18 (b) An investigation by the department or a state agency
7-19 shall include an interview with the elderly or disabled person, if
7-20 appropriate, and <a visit to the elderly or disabled person's place
7-21 of residence and consultation> with persons thought to have
7-22 knowledge of the circumstances. The investigation may include an
7-23 interview with an alleged juvenile perpetrator of the alleged
7-24 abuse, neglect, or exploitation. The department or state agency
7-25 may conduct an interview under this subsection in private or may
7-26 include any person the department or agency determines is
7-27 necessary.
8-1 (d) A peace officer shall accompany and assist the person
8-2 making a court-ordered <forcible> entry under this section, if in
8-3 the opinion of the court such action is necessary.
8-4 (e) The department shall prepare and keep on file a
8-5 <complete written> report of each investigation conducted by the
8-6 department. <Each state agency shall prepare and keep on file a
8-7 complete written report of each investigation conducted by the
8-8 state agency. Each state agency shall submit a copy of each report
8-9 relating to abuse, exploitation, or neglect that occurred in a
8-10 facility operated by the state agency to the department. The
8-11 report shall include any recommendations that the department shall
8-12 provide protective services and shall be forwarded to the
8-13 department within 24 hours of the state agency's determination that
8-14 protective services are needed.>
8-15 (f) If the department's investigation reveals that the
8-16 elderly or disabled person has been <physically> abused by another
8-17 person in a manner that constitutes a criminal offense under any
8-18 law, including Section 22.04, Penal Code, a copy of the <report of
8-19 the> investigation shall be submitted to the appropriate law
8-20 enforcement agency.
8-21 SECTION 10. Sections 48.0385 and 48.039, Human Resources
8-22 Code, are amended to read as follows:
8-23 Sec. 48.0385. ACCESS TO RECORDS OR DOCUMENTS. (a) The
8-24 department or state agency, as appropriate, shall have access to
8-25 any records or documents, including client-identifying
8-26 information<,> and medical and psychological records, necessary to
8-27 the performance of the department's or state agency's duties
9-1 <required> under this chapter. The duties include but are not
9-2 limited to the investigation of abuse, exploitation, or neglect and
9-3 the provisions of services to an elderly or disabled person. A
9-4 person or agency that has a record or document that the department
9-5 or state agency needs to perform its duties under this chapter
9-6 shall, without unnecessary delay, make the record or document
9-7 available to the department or agency.
9-8 (b) If the department or another state agency cannot obtain
9-9 access to a record or document that is necessary to properly
9-10 conduct an investigation or to perform another duty under this
9-11 chapter, the department or agency may petition the probate court or
9-12 the statutory or constitutional county court having probate
9-13 jurisdiction for access to the record or document.
9-14 (c) <(b)> On good cause shown, the court shall order the
9-15 person who denied access to a record or document to allow the
9-16 department or agency to have access under the terms and conditions
9-17 prescribed by the court.
9-18 (d) <(c)> A person is entitled to notice and a hearing on
9-19 the petition.
9-20 (e) <(d)> Access to a confidential record under this section
9-21 does not constitute a waiver of confidentiality.
9-22 Sec. 48.039. IMMUNITY. (a) A person filing a report under
9-23 this chapter<, participating in an investigation required by this
9-24 chapter,> or testifying or otherwise participating in any judicial
9-25 proceeding arising from a petition, report, or investigation is
9-26 immune from civil or criminal liability on account of his or her
9-27 petition, report, testimony, or participation, unless the person
10-1 acted in bad faith or with a malicious purpose.
10-2 (b) A person, including an authorized department volunteer,
10-3 medical personnel, or law enforcement officer, who at the request
10-4 of the department participates in an investigation required by this
10-5 chapter or in an action that results from that investigation is
10-6 immune from civil or criminal liability for any act or omission
10-7 relating to that participation if the person acted in good faith
10-8 and, if applicable, in the course and scope of the person's
10-9 assigned responsibilities or duties.
10-10 (c) In this section, "volunteer" means a person who:
10-11 (1) renders services for or on behalf of the
10-12 department under the supervision of a department employee; and
10-13 (2) does not receive compensation that exceeds the
10-14 authorized expenses the person incurs in rendering those services.
10-15 SECTION 11. Section 48.056, Human Resources Code, is amended
10-16 to read as follows:
10-17 Sec. 48.056. AGENCY POWERS. A protective services agency
10-18 may furnish protective services to an elderly or disabled person
10-19 with the person's consent or, if the person lacks the capacity to
10-20 consent, without that person's consent as provided by this
10-21 chapter.
10-22 SECTION 12. Sections 48.061(b), (c), (d), (e), and (h),
10-23 Human Resources Code, are amended to read as follows:
10-24 (b) If the department determines that an elderly or disabled
10-25 person is suffering from abuse, exploitation, or neglect presenting
10-26 a threat to life or physical safety, that the person lacks capacity
10-27 to consent to receive protective services, and that no consent can
11-1 be obtained, the department may petition the probate or statutory
11-2 or constitutional county court that has probate jurisdiction in the
11-3 county in which the elderly or disabled person resides for an
11-4 emergency order authorizing protective services.
11-5 (c) The petition shall be verified and shall include:
11-6 (1) the name, age, and address of the elderly or
11-7 disabled person who needs protective services;
11-8 (2) <,> the nature of the abuse, exploitation, or
11-9 neglect;
11-10 (3) <,> the services needed;<,> and
11-11 (4) a medical report signed by a physician stating
11-12 that the person is suffering from abuse, exploitation, or neglect
11-13 presenting a threat to life or physical safety and stating that the
11-14 person is physically or mentally incapable of consenting to
11-15 services.
11-16 (d) On finding that there is reasonable cause to believe
11-17 that abuse, exploitation, or neglect presents a threat to life or
11-18 physical safety for the elderly or disabled person and that the
11-19 elderly or disabled person lacks capacity to consent to services,
11-20 the court may:
11-21 (1) order removal of the elderly or disabled person to
11-22 safer surroundings;
11-23 (2) order<, authorize> medical services; <treatment,>
11-24 and
11-25 (3) order other available services necessary to remove
11-26 conditions creating the threat to life or physical safety,
11-27 including the services of law enforcement officers or emergency
12-1 medical services personnel.
12-2 (e) The emergency order expires at the end of 72 hours from
12-3 the time of the order unless the 72-hour period ends on a Saturday,
12-4 Sunday, or legal holiday in which event the order is automatically
12-5 extended to 4 p.m. on the first succeeding business day. An order
12-6 may be renewed for not more than 14 <two> additional days <72-hour
12-7 periods>. A renewal order that ends on a Saturday, Sunday, or legal
12-8 holiday is automatically extended to 4 p.m. on the first succeeding
12-9 business day. The court may modify or terminate the emergency
12-10 order on petition of the department, the incompetent person, or any
12-11 person interested in his welfare.
12-12 (h) If the department cannot obtain an emergency order under
12-13 this section because the court is closed on a Saturday, Sunday, or
12-14 legal holiday or after 5 p.m., or if the department reasonably
12-15 believes that there is an immediate danger to the health or safety
12-16 of the elderly or disabled person and that there is not sufficient
12-17 time to obtain the medical report and the emergency order required
12-18 by this section, the department may remove the elderly or disabled
12-19 person to safer surroundings, authorize medical treatment, or order
12-20 or provide other available services necessary to remove conditions
12-21 creating the threat to life or physical safety. The department
12-22 must obtain an emergency order under this section not later than 4
12-23 p.m. on the first succeeding business day after the date on which
12-24 protective services are provided. If the department does not
12-25 obtain an emergency order, the department shall cease providing
12-26 protective services and, if necessary, make arrangements for the
12-27 immediate return of the person to the place from which the person
13-1 was removed, <of apprehension or> to the person's place of
13-2 residence in the state, or to another <other> suitable place.
13-3 SECTION 13. Chapter 48, Human Resources Code, is amended by
13-4 amending Subchapter E and adding Subchapter F to read as follows:
13-5 SUBCHAPTER E. INVESTIGATIONS IN CERTAIN FACILITIES
13-6 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES.
13-7 (a) The department shall receive and investigate reports of the
13-8 abuse, neglect, or exploitation of an individual:
13-9 (1) receiving services in a facility operated by the
13-10 Texas Department of Mental Health and Mental Retardation; or
13-11 (2) being provided services through a program under
13-12 contract with a facility operated by the Texas Department of Mental
13-13 Health and Mental Retardation.
13-14 (b) The department and the Texas Department of Mental Health
13-15 and Mental Retardation shall develop joint rules to facilitate
13-16 investigations in state mental health and mental retardation
13-17 facilities.
13-18 (c) The department shall receive and investigate a report of
13-19 the alleged abuse, neglect, or exploitation of an individual
13-20 receiving services in a community center or from a program
13-21 providing services under contract with a community center.
13-22 (d) The department shall forward to a state mental health or
13-23 mental retardation facility or a program providing mental health or
13-24 mental retardation services under contract with such a facility:
13-25 (1) any report the department receives relating to
13-26 alleged or suspected abuse, neglect, or exploitation of an
13-27 individual receiving services from that facility or program; and
14-1 (2) the department's investigation findings and
14-2 report.
14-3 (e) After completion of the appeals process, the department
14-4 shall refer a complaint relating to an investigation conducted by
14-5 the department under this section to the department's ombudsman
14-6 office for appropriate action.
14-7 (f) If the department's investigation under this section
14-8 reveals that an elderly or disabled person has been abused by
14-9 another person in a manner that constitutes a criminal offense
14-10 under any law, including Section 22.04, Penal Code, a copy of the
14-11 investigation shall be submitted to the appropriate law enforcement
14-12 agency.
14-13 Sec. 48.082. INVESTIGATION OF REPORTS IN OTHER STATE
14-14 FACILITIES. (a) If a person has reasonable cause to believe that
14-15 an elderly or disabled person has been abused, exploited, or
14-16 neglected in a facility operated, licensed, certified, or
14-17 registered by a state agency other than the Texas Department of
14-18 Mental Health and Mental Retardation, the person shall report the
14-19 information to the state agency that operates, licenses, certifies,
14-20 or registers the facility for investigation by that agency.
14-21 (b) If the department receives a report under this section
14-22 relating to an elderly or disabled person in a facility operated,
14-23 licensed, certified, or registered by a state agency other than the
14-24 Texas Department of Mental Health and Mental Retardation, the
14-25 department shall refer the report to that agency.
14-26 (c) A state agency that receives a report under this section
14-27 shall make a thorough investigation promptly after receiving a
15-1 report that an elderly or disabled person has been or may be
15-2 abused, exploited, or neglected in a facility operated, licensed,
15-3 certified, or registered by the agency. The primary purpose of the
15-4 investigation is the protection of the elderly or disabled person.
15-5 (d) The state agency shall prepare and keep on file a
15-6 complete written report of each investigation conducted by the
15-7 state agency under this section.
15-8 (e) If the state agency's investigation under this section
15-9 reveals that an elderly or disabled person has been abused by
15-10 another person in a manner that constitutes a criminal offense
15-11 under any law, including Section 22.04, Penal Code, a copy of the
15-12 investigation shall be submitted to the appropriate law enforcement
15-13 agency.
15-14 (f) A state agency that receives a complaint relating to an
15-15 investigation conducted under this section shall refer the
15-16 complaint to its governing board or other entity designated to
15-17 receive such complaints for review and appropriate action.
15-18 Sec. 48.083. RULES. (a) Each state agency, other than the
15-19 Texas Department of Mental Health and Mental Retardation, that
15-20 operates, licenses, certifies, or registers a facility in which
15-21 elderly or disabled persons are located shall adopt rules relating
15-22 to the investigation and resolution of reports received under
15-23 Section 48.082.
15-24 (b) The Health and Human Services Commission shall review
15-25 and approve the rules to ensure that all agencies implement
15-26 appropriate standards for the conduct of investigations and that
15-27 uniformity exists among agencies in the investigation and
16-1 resolution of reports.
16-2 Sec. 48.084. STATISTICS. (a) Each state agency, other than
16-3 the Texas Department of Mental Health and Mental Retardation, that
16-4 operates, licenses, certifies, or registers a facility in which
16-5 elderly or disabled persons are located shall compile and maintain
16-6 statistics on the incidence of abuse, neglect, or exploitation of
16-7 elderly or disabled persons that occurs in the facilities.
16-8 (b) The agency shall make the statistics available to the
16-9 Health and Human Services Commission on request.
16-10 Sec. 48.085. INVESTIGATIONS IN NURSING HOMES AND SIMILAR
16-11 FACILITIES. (a) This subchapter does not apply if the alleged or
16-12 suspected abuse, neglect, or exploitation occurs in a facility
16-13 licensed under Chapter 242, Health and Safety Code.
16-14 (b) Alleged or suspected abuse, neglect, or exploitation
16-15 that occurs in a facility licensed under Chapter 242, Health and
16-16 Safety Code, is governed by Subchapter B, Chapter 242, Health and
16-17 Safety Code.
16-18 (Sections 48.086-48.100 reserved for expansion
16-19 SUBCHAPTER F. MISCELLANEOUS PROVISIONS
16-20 Sec. 48.101 <48.083>. CONFIDENTIALITY AND DISCLOSURE OF
16-21 INFORMATION; AGENCY EXCHANGE OF INFORMATION <RECORDS>. (a) The
16-22 following information is confidential and not subject to disclosure
16-23 under Chapter 552, Government Code:
16-24 (1) a report of abuse, neglect, or exploitation made
16-25 under this chapter;
16-26 (2) the identity of the person making the report; and
16-27 (3) except as provided by this section, all files,
17-1 reports, records, communications, and working papers used or
17-2 developed in an investigation made under this chapter or in
17-3 providing services as a result of an investigation.
17-4 (b) Confidential information may be disclosed only for a
17-5 purpose consistent with this chapter and as provided by department
17-6 rule and applicable federal law.
17-7 (c) A court may order disclosure of confidential information
17-8 only if:
17-9 (1) a motion is filed with the court requesting
17-10 release of the information and a hearing on that request;
17-11 (2) notice of that hearing is served on the department
17-12 and each interested party; and
17-13 (3) the court determines after the hearing and an in
17-14 camera review of the information that disclosure is essential to
17-15 the administration of justice and will not endanger the life or
17-16 safety of any individual who:
17-17 (A) is the subject of a report of abuse,
17-18 neglect, or exploitation;
17-19 (B) makes a report of abuse, neglect, or
17-20 exploitation; or
17-21 (C) participates in an investigation of reported
17-22 abuse, neglect, or exploitation.
17-23 (d) The department by rule shall provide for the release on
17-24 request to a person who is the subject of a report of abuse,
17-25 neglect, or exploitation or to that person's legal representative
17-26 of otherwise confidential information relating to that report. The
17-27 department shall edit the information before release to protect the
18-1 confidentiality of information relating to the reporter's identity
18-2 and to protect any other individual whose safety or welfare may be
18-3 endangered by disclosure.
18-4 (e) The department may adopt rules relating to the release
18-5 of information contained in the record of a deceased individual to
18-6 whom the department has provided protective services. The rules
18-7 must be consistent with the purposes of this chapter and any
18-8 applicable state or federal law.
18-9 (f) The department may establish procedures to exchange with
18-10 another state agency or governmental entity information that is
18-11 necessary for the department or the agency or entity to properly
18-12 execute its respective duties and responsibilities to provide
18-13 services to elderly or disabled persons under this chapter or other
18-14 law. An exchange of information under this subsection does not
18-15 affect whether the information is subject to disclosure under
18-16 Chapter 552, Government Code. <The records of the department or
18-17 other agency pertaining to an elderly or disabled person who is
18-18 protected under this chapter or for whom an application for
18-19 protection has been made are not open to public inspection.
18-20 Information contained in the records may not be disclosed publicly
18-21 in a manner that will identify an individual, but the records shall
18-22 be available on application for cause to persons approved by the
18-23 court having jurisdiction of the case under Chapter V, Texas
18-24 Probate Code.>
18-25 Sec. 48.102 <48.084>. OBJECTION TO MEDICAL TREATMENT. This
18-26 chapter does not authorize or require any medical treatment of a
18-27 person who objects on the grounds that he is an adherent or member
19-1 of a recognized church or religious denomination the tenets and
19-2 practice of which may include reliance solely upon spiritual means
19-3 through prayer for healing.
19-4 Sec. 48.103. INTERFERENCE WITH INVESTIGATION OR SERVICES
19-5 PROHIBITED. (a) A person may not interfere with:
19-6 (1) an investigation by the department or by a
19-7 protective services agency of alleged abuse, neglect, or
19-8 exploitation of an elderly or disabled person; or
19-9 (2) the provision of protective services to an elderly
19-10 or disabled person.
19-11 (b) The department or a protective services agency may
19-12 petition the appropriate court to enjoin any interference with:
19-13 (1) an investigation of alleged abuse, neglect, or
19-14 exploitation; or
19-15 (2) the provision of protective services such as
19-16 removal of the elderly or disabled person to safer surroundings or
19-17 safeguarding the person's resources from exploitation.
19-18 SECTION 14. The following provisions of the Human Resources
19-19 Code are repealed:
19-20 (1) Sections 48.036(c)-(f);
19-21 (2) Section 48.041; and
19-22 (3) Section 48.060.
19-23 SECTION 15. This Act takes effect September 1, 1995.
19-24 SECTION 16. The importance of this legislation and the
19-25 crowded condition of the calendars in both houses create an
19-26 emergency and an imperative public necessity that the
19-27 constitutional rule requiring bills to be read on three several
20-1 days in each house be suspended, and this rule is hereby suspended.